Criminal Liability for Failing to Aid in Drug Overdoses

A 23-year-old man was sentenced to 20 years in prison recently by a judge in Georgia in connection with a fatal heroin overdose. Warren Ullom, singer with the Atlanta-based rock band “The Judies,” had pleaded guilty to voluntary manslaughter in the death of 32-year-old Rachel San Inocencio. Ullom was also convicted of possession and distribution of heroin and cocaine.

The circumstances surrounding the death take it out of the realm of mere “accidental” overdose and make it something entirely more sinister. Actions taken by Ullom that fateful day not only exacerbated San Inocencio’s already precarious position, but may also have prevented her from getting life-saving treatment.

On June 6, 2008, just days after the couple met, San Inocencio and Ullom shot heroin at Ullom’s apartment; San Inocenico became ill shortly thereafter and lost consciousness. Instead of calling 911, Ullom texted one of his friends and told him to bring over some cocaine to help revive San Inocencio. When his friend arrived with the drugs, Ullom proceeded to inject the fallen woman with two doses of cocaine. Upon leaving the apartment, Ullom’s friend called 911, but didn’t give the dispatcher the correct address. In the mean-time, Ullom sent the friend another text indicating that San Inocencio was feeling better and didn’t need an ambulance.

San Inocencio died thirty minutes later and was pronounced dead by emergency workers who responded to Ullom’s own belated 911 call. Ullom stashed the remaining coke in San Inocencio’s purse and told unsuspecting police officers to take it with them when they collected the body. To make matter’s worse, Ullom later pawned San Inocencio’s diamond earrings.

Ullom had originally been charged with felony murder, which carries with it a mandatory 30-year minimum sentence. However, he later pleaded guilty to a lesser offense. His lawyer claims that the heroin dealer who sold Ullom the drugs was the party responsible for the tragedy.

In anticipation of his incarceration, the singer and his band played farewell performances, made a DVD, and recorded some additional songs.

Ullom’s case, however, pales in comparison to the story of Carly and Andrea Townsend. In 2008, Carly’s mother, Andrea, was found guilty of manslaughter due to neglect in the death of her teenaged daughter after failing to call emergency personnel when Carly overdosed on heroin. Carly’s twenty-six year old sister, Gemma, was also charged in the crime.

During the trial, Andrea Townsend claimed that Carly’s lips briefly turned blue after taking the heroin, but that they eventually returned to normal color. Townsend also claimed that Carly was mumbling, and thus, not in any danger. Townsend was downstairs watching TV while her daughter was passed out upstairs, but insisted that she “listened” from the living room door a number of times and heard her snoring. Townsend refrained from calling an ambulance for fear that she or her daughter would get in trouble.

Sixteen-year-old Carly had been taking drugs for two years and had recently been released from a juvenile detention center into her mother’s care. It was revealed that 20 of Carly’s friends had recently died from heroin overdoses.

http://www.ajc.com/news/atlanta-rocker-convicted-in-544100.html?cxntlid=thbz_hm

http://www.walesonline.co.uk/news/wales-news/2008/04/18/mother-of-drug-overdose-girl-found-guilty-of-manslaughter-91466-20782361/